Estate Agents Act

The Act's short title is "the Estate Agents Act."

Section 2 provides definitions of terms used in the Act (for example: "Board", "Cabinet Secretary", "practice as an estate agent", "register", "registrar", and "terrorism financing") and notes that "licensed auctioneer" is defined in the Auctioneers Act (Cap. 526).

Section 3 establishes the Board and states it is a body corporate with perpetual succession and a common seal; that it may sue and be sued; and that it may acquire, hold and dispose of movable and immovable property for the purposes of the Act.

The Board must register estate agents and ensure practitioners' competence and conduct protect the public; it may exercise powers conferred and must perform duties imposed by this Act.

Members of the Board are not personally liable for acts or defaults of the Board done or omitted in good faith while carrying out the Board's responsibilities, functions or powers.

Publication under section 9 is prima facie evidence that the persons named are registered estate agents; deletion from, or absence of a name in, that publication is prima facie evidence that the person is not registered.

Any person may, during normal office hours and on payment of the prescribed fee, inspect the register and related documents and may obtain from the registrar a copy or extract.

A copy or extract purporting to be certified by the registrar is admissible as prima facie evidence of the contents of the register or document.

The Cabinet Secretary must appoint a public officer as the registrar of the Board; the registrar must hold and vacate the office in accordance with the terms of appointment.

The registrar must enter all changes to registered particulars in the register and must remove any name ordered to be removed under section 15.

When a person's name is entered in the register the registrar must issue a certificate of registration (which remains the property of the Board). If a name is removed the Board must give notice requiring surrender; failure to surrender within 21 days is an offence punishable by a fine up to five thousand shillings. Certificates are valid for one year and are renewable on payment of the prescribed fee.

Section 8A was repealed by Act No. 9 of 2000, s. 120.

Persons covered by section 8A who hold more than one professional occupation must elect in writing a primary occupation; such persons must obtain an annual licence for that primary occupation and must not obtain more than one annual licence in any one year.

The registrar must publish in the Gazette the names, addresses and qualifications of registered estate agents after entry and must publish annually a list of those remaining on the register; subject to the Board's directions the registrar may publish amendments to the register.

Lists eligibility criteria for registration as an estate agent and provides that the Board may require an applicant to satisfy it that he is a fit and proper person and may direct the registrar to postpone registration until so satisfied.

The Board must consider applications in the prescribed form (with payment of the prescribed fee) and, if satisfied the applicant is qualified under section 13, accept them for registration and direct the registrar to enter their name; the Board must not delegate this consideration to any committee.

The registrar must notify a person whose name is removed from the register (except where subsection (1)(a) applies) by registered letter to the address in the register; the registrar must also publish the removed person's name, address and qualification in the Gazette as soon as practicable after removal.

If a person's name has been removed under section 15, it may only be put back on the register by direction of the Board; the Board may direct confirmation of removal, restoration of the name, or termination of suspension, may set the effective date, and may require the person to pay a fee the Board prescribes.

Appeals — mentions refusal to register his name.

Unregistered persons (individuals, partnerships, or body corporates/directors as described) must not practise as estate agents; those who do must be registered estate agents.

Persons must not practise as estate agents unless there is in force an indemnity bond or insurance policy (approved by the Board) guaranteeing compensation up to the required limit for losses from dishonest or professional misconduct.

If an estate agent's practice stops because of death, insolvency, or adjudication of unsound mind, a person legally authorised to deal with the agent's property may carry on the practice to wind it up or dispose of it for up to twelve months from the date of death or commencement of the disability.

The Board must, with the approval of the Cabinet Secretary, publish a statement specifying acts or omissions by practising estate agents that the Board considers contrary to the public interest or amounting to professional misconduct.

Breach of rules made under subsection (1)(a)–(c) by a practising estate agent is professional misconduct, and the Cabinet Secretary may amend the Schedule by Gazette notice.

The Board may open an inquiry into alleged acts or omissions against registered estate agents on its own initiative or after a written complaint, and if it decides an inquiry may be instituted it must proceed to hold the inquiry as soon as practicable.

The Board may specify a period.

Prohibits fraudulently making, causing, or permitting any false or incorrect entry in the register or any copy of it.

If a body corporate commits an offence with the consent, connivance, or through the neglect of a director, secretary, similar officer, or someone acting as such, that director or person is to be guilty of the same offence and punishable accordingly.

Finance Section must make to the Board such grants as may be necessary to enable the Board to discharge its functions under this Act.

The Board must regulate, supervise and enforce compliance on reporting institutions for anti-money laundering, combating financing of terrorism and countering proliferation financing; it is given specific powers (vet members, inspections, compel documents, impose sanctions, issue rules, share information and take necessary supervisory actions).

Members of reporting institutions must not violate or fail to comply with AML/CFT/proliferation financing regulations; breaches attract specified monetary penalties.